Is this illegal?

[Barfo]

So, I watched Quantum of Solace in the theater when it was out and it sucked, but I did like the car chase scene (I love Aston Martins).

So I'm wondering if it would be illegal if I downloaded a 720p clip of that scene, since it would be a huge waste to buy a BR and I already paid $10 to watch it at the theater?



P.S. Anyone know where can I get a hold of it, in case it's legal?

 

[SunnyD]

Err.. make a fair use use of it then it's legal.

 

[Nik]

If you don't have expressed written consent, then it would be a copyright infringement.

I don't understand how you can even ask this question.

 

[Barfo]

Originally posted by: SunnyD
Err.. make a fair use use of it then it's legal.

Yes, I was thinking along these lines, though I don't know it fair use covers this, hopefully someone more knowledgeable can clarify.

Originally posted by: Nik
If you don't have expressed written consent, then it would be a copyright infringement.

I don't understand how you can even ask this question.

I don't want the whole movie, just a 2 min (maybe even less) clip, what's the difference between obtaining it and watching a trailer? it's not like they're going to lose any money because I'm not buying a BR to watch a single scene.

 

[waggy]

since it would be a huge waste to buy a BR and I already paid $10 to watch it at the theater?


what does this have to do with it? you paid once to watch it not own it.


but wouldnt this fall under fair use? perhaps im mistaken.

 

[Nik]

Originally posted by: Barfo
I don't want the whole movie, just a 2 min (maybe even less) clip, what's the difference between obtaining it and watching a trailer? it's not like they're going to lose any money because I'm not buying a BR to watch a single scene.

So.... downloading a torrent of a movie that doesn't include the credits should be okay, right? Since it's not the whole movie?

You're either being dumb or playing dumb trying to justify it. It's illegal. /thread

A trailer is a specific set of scenes put together by the company that already owns the rights to it. You can't use parts of a trailer either without the right to do so. Your little movie ticket stub does not carry any inherent rights other than your right to view the movie at the theater during that one showing.

Will you get caught? No. Is it illegal? Yes. Don't be dense, you knew the answer before you posted.

 

[Ns1]

Originally posted by: Nik

Originally posted by: Barfo
I don't want the whole movie, just a 2 min (maybe even less) clip, what's the difference between obtaining it and watching a trailer? it's not like they're going to lose any money because I'm not buying a BR to watch a single scene.

So.... downloading a torrent of a movie that doesn't include the credits should be okay, right? Since it's not the whole movie?

You're either being dumb or playing dumb trying to justify it. It's illegal. /thread

A trailer is a specific set of scenes put together by the company that already owns the rights to it. You can't use parts of a trailer either without the right to do so. Your little movie ticket stub does not carry any inherent rights other than your right to view the movie at the theater during that one showing.

Will you get caught? No. Is it illegal? Yes. Don't be dense, you knew the answer before you posted.

this

 

[Krazy4Real]

No, it's not legal.

 

[Marinski]

download whatever you want

 

[her209]

Originally posted by: Krazy4Real
No, it's not legal.

Insert "That's what she said" joke here.

 

[Mo0o]

http://www.copyright.gov/fls/fl102.html

?quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author?s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.?

Your thing doesnt qualify

 

[Barfo]

Originally posted by: waggy
since it would be a huge waste to buy a BR and I already paid $10 to watch it at the theater?

Just making a point that they already turned a profit from me.

Originally posted by: Nik

Originally posted by: Barfo
I don't want the whole movie, just a 2 min (maybe even less) clip, what's the difference between obtaining it and watching a trailer? it's not like they're going to lose any money because I'm not buying a BR to watch a single scene.

So.... downloading a torrent of a movie that doesn't include the credits should be okay, right? Since it's not the whole movie?

You're either being dumb or playing dumb trying to justify it. It's illegal. /thread

A trailer is a specific set of scenes put together by the company that already owns the rights to it. You can't use parts of a trailer either without the right to do so. Your little movie ticket stub does not carry any inherent rights other than your right to view the movie at the theater during that one showing.

There's a world of difference between a movie with the end credits trimmed and a 2 minute clip from said movie, which one would you get if you're looking to pirate it?

Originally posted by: Nik
Will you get caught? No. Is it illegal? Yes. Don't be dense, you knew the answer before you posted.

If I wanted I could've downloaded the whole movie already, but I want to know if it can be justified under fair use, you know about that concept right?

 

[Barfo]

Originally posted by: Mo0o
http://www.copyright.gov/fls/fl102.html

?quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author?s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.?

Your thing doesnt qualify

Ok, thanks for the info, so if I write a blog post about the movie then I could watch that clip for illustration purposes?

 

[SunnyD]

Originally posted by: Nik
If you don't have expressed written consent, then it would be a copyright infringement.

I don't understand how you can even ask this question.

You know better than that. Certain fair use provisions don't require consent.

 

[Chiropteran]

Originally posted by: Mo0o
http://www.copyright.gov/fls/fl102.html

?.. for illustration or clarification of the author?s observations....?

Originally posted by: Barfo
So, I watched Quantum of Solace in the theater when it was out and it sucked, but I did like the car chase scene (I love Aston Martins).

Seems to fit that definition of fair use. /shrug

 

[IEC]

Length of a clip does not determine "fair use" exceptions, the actual "use" does.

 

[Corporate Thug]

Originally posted by: Nik

Originally posted by: Barfo
I don't want the whole movie, just a 2 min (maybe even less) clip, what's the difference between obtaining it and watching a trailer? it's not like they're going to lose any money because I'm not buying a BR to watch a single scene.

So.... downloading a torrent of a movie that doesn't include the credits should be okay, right? Since it's not the whole movie?

You're either being dumb or playing dumb trying to justify it. It's illegal. /thread

A trailer is a specific set of scenes put together by the company that already owns the rights to it. You can't use parts of a trailer either without the right to do so. Your little movie ticket stub does not carry any inherent rights other than your right to view the movie at the theater during that one showing.

Will you get caught? No. Is it illegal? Yes. Don't be dense, you knew the answer before you posted.

You know there is a such thing a de minimis defense right? I'm not saying that it would necessarily apply in this case, but it's a possibility. It's not a plain and simple with concrete answers as your post makes it out to be.

 

[nobody554]

Originally posted by: Barfo

Originally posted by: waggy
since it would be a huge waste to buy a BR and I already paid $10 to watch it at the theater?

Just making a point that they already turned a profit from me.

That being said, I guess that would make it legal to download the entire movie and show it to a crowd of people. I mean, they've already made a profit off of you, so you can do that, right?

 

[Corporate Thug]

Originally posted by: nobody554

Originally posted by: Barfo

Originally posted by: waggy
since it would be a huge waste to buy a BR and I already paid $10 to watch it at the theater?

Just making a point that they already turned a profit from me.

That being said, I guess that would make it legal to download the entire movie and show it to a crowd of people. I mean, they've already made a profit off of you, so you can do that, right?

a. Fair use almost never applies when the full work is taken in consideration. De Minimis NEVER applies when we are talking about the full work.

b. Courts are far less likely to accept a defense when the alleged infringement occurred among a group of people or a public place.

My point is that your hypothetical has nothing to do OP's scenario of using a 2 min clip.

 

[Mo0o]

Just write some trite bullshit about the physics of the car chase. Then you can rip that clip and host it. Just do it until someone sends you a C&D

 

[Nik]

Originally posted by: SunnyD

Originally posted by: Nik
If you don't have expressed written consent, then it would be a copyright infringement.

I don't understand how you can even ask this question.

You know better than that. Certain fair use provisions don't require consent.

Originally posted by: Mo0o
http://www.copyright.gov/fls/fl102.html

?quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author?s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.?

Your thing doesnt qualify

I'm right.

Barfo is obviously already well aware of the legality, he's just looking for a loophole, an excuse to do what he's going to do anyway (or, rather, has probably already done).

 

[preslove]

Downloading is not illegal. Uploading is illegal.

Copyright infringement occurs when you make a copy and then distribute it. The distribution (and sometimes copying) is the infraction. Think of DVD piracy. No one is charged for buying pirated DVDs, but people go away for long sentences for selling pirated DVDs. People who get caught for torrenting are sued or charged because an industry employee downloads from them. No one has ever been sued for downloading a game/dvd/cd from a usenet service.

This is a really simple distinction that most people get wrong.

Ripping a DVD is a grey area, though, because you are bypassing DRM, which violates the DMCA.. The DMCA has been used to shut down ripping software companies, but hasn't been applied to individuals because it isn't possible to catch people who rip dvds and don't distribute them. But, technically, ripping is illegal.

So, as long as you do not redistribute the material or circumvent access controls (DRM), you aren't breaking any laws.

 

[Evadman]

Originally posted by: preslove
Downloading is not illegal. Uploading is illegal.

Lmao, do you actually believe that?

 

[preslove]

Originally posted by: Evadman

Originally posted by: preslove
Downloading is not illegal. Uploading is illegal.

Lmao, do you actually believe that?

Yes. I learned it in an information policy class. Copyright infringement involves copying and distribution of information, not accessing information (as long as you are not taking steps to evade copy protection, see DCMA).

 

[Ns1]

Originally posted by: preslove

Originally posted by: Evadman

Originally posted by: preslove
Downloading is not illegal. Uploading is illegal.

Lmao, do you actually believe that?

Yes. I learned it in an information policy class. Copyright infringement involves copying and distribution of information, not accessing information (as long as you are not taking steps to evade copy protection, see DCMA).

Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.

Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.

For more information on this issue, see the Register of Copyrights' testimony before the Senate Judiciary Committee.

http://www.copyright.gov/help/faq/faq-fairuse.html#p2p